Canada Updates Open Work Permit Rules for Spouses of Students and Workers


In a move expected to benefit many Indian students, the Canadian government has revised its regulations regarding Open Work Permits (OWP) for the spouses of international students and foreign workers. These changes, set to take effect on January 21, introduce new eligibility conditions based on the duration of study programs and labor market demands.

Under the new guidelines, spouses of qualifying international students and foreign workers will now be able to apply for an open work permit, allowing them to work in Canada while their partner pursues their studies or employment.

Key Eligibility Criteria for Spouses of International Students
Spouses of international students will be eligible to apply for an open work permit under the following conditions:

The international student must be enrolled in a Master’s program lasting 16 months or longer, a Doctoral program, or specific professional programs.
This revised policy is expected to make Canada an even more attractive destination for Indian students, enabling their spouses to work and contribute to the Canadian economy while the students continue their education.

Key Eligibility Criteria for Spouses of Foreign Workers
The new rules also apply to spouses of foreign workers. However, their eligibility for an open work permit will be limited to the following conditions:

The foreign worker must be employed in high-demand occupations (classified as TEER 1, 2, or 3) in sectors facing labor shortages or aligned with government priorities. These sectors include:
Natural and applied sciences
Construction
Health care
Natural resources
Education
Sports and military
Additionally, the foreign worker must have at least 16 months remaining on their work permit at the time of their spouse’s OWP application.

Family Open Work Permits (OWPs)
Family OWPs will be restricted to spouses of foreign workers employed in the specified high-demand TEER categories.
Dependent children of foreign workers will no longer be eligible for OWPs under these changes.
What is an Open Work Permit?
An open work permit allows the holder to work for any employer in Canada, except for those employers who are listed as ineligible due to non-compliance or those offering services like striptease, erotic dance, escort services, or erotic massages.

OWPs are not job-specific, meaning employers do not require a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). However, certain restrictions may apply, and these will be clearly listed on the work permit.

Applicants may also need to pay the open work permit holder fee at the time of their application, along with the work permit fee.


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